General sales conditions

SUMMARY

  1. GENERAL SALES CONDITIONS AND ASEM S.P.A. WARRANTY
    1.1 FIELD OF APPLICATION
    1.2 CONTRACT APPROVAL - MATERIAL QUALITY
    1.3 DELIVERY
    1.4 PRICES AND PAYMENTS
    1.5 LIEN AGREEMENT
    1.6 RESPONSIBILITY AND LIMITATIONS
    1.7 REPORTING FLAWS - COMPLAINTS
    1.8 WARRANTY
  2. REPAIRS
    2.1 REPAIR CONDITIONS
    2.2 OPERATIVE MODES FOR SENDING THE MATERIAL TO REPARATION
  3. JURISDICTION AND COMPETENT COURT
  4. PRIVACY

1. GENERAL SALES CONDITIONS AND ASEM S.P.A. WARRANTY

1.1 FIELD OF APPLICATION

1.1.1 The Conditions contained in the articles of this document are applicable to all contracts for the sale of products and services by ASEM S.p.A. (henceforth referred to as “ASEM”).

1.1.2 All purchase orders for products and/or services received by ASEM are regulated by these Conditions.

1.2 CONTRACT APPROVAL - MATERIAL QUALITY

1.2.1 The purchase orders immediately binding and promissory for the customer (henceforth referred to as "purchaser".

1.2.2 The efficacy of orders is subject to a specific approval by ASEM. Such approval may be verbal or expressed through the delivery of the goods object of the contract or with the dispatch of the relative invoices.

1.2.3 The characteristics and descriptions of the products featured in the lists, catalogues and/or similar documents are purely indicative. ASEM has the right to modify such characteristics without giving prior notice.

1.3 DELIVERY

1.3.1 The terms of delivery, at any title defined with the Customer, are merely indicative. In case of delivery delay, ASEM is relieved from any liability and the purchaser will not have the right to recede from or resolve the contract even partially. The customer has neither the right to demand a reimbursement of any damage suffered or to suspend payments.

1.3.2 In case of sales, where the terms provide for ASEM makes the goods available to the purchaser at the ASEM place of business, after five working days from the failed collection of goods ASEM has the right to resolve the contract, notwithstanding the right, by ASEM, to be refunded for the damage received. In this case, any sum paid by the purchaser may be held by ASEM as damage compensation.

1.4 PRICES AND PAYMENTS

1.4.1 The prices established by ASEM are fixed and invariable.

1.4.2 Payments must be carried out exclusively by ASEM S.p.A., with headquarters in ARTEGNA (Udine) in via BUIA, 4, independently from any circumstance that, as a result of further agreements, may be regulated through bills of exchange or other equivalent methods.

1.4.3 The payment of the invoice shall be made in accordance to the agreed terms and conditions. The customer may not suspend or delay payments for any reason. ASEM may grant the Customer a specific provision for the original deadline agreed upon.

1.4.4 In case of delay in payments, even if minimum, ASEM reserves the right to immediately suspend the delivery of products with no prior warning, also if object of a different purchasing order.

1.4.5 If the agreed conditions of payment are not satisfied ASEM has the right to bill overdue interests due to the delays in payment according to art. 5 of D.L.gs no. 231/2002, in the limits of L. 108/96 Law on usury, as well as all expenses for the recovery of the credit.

1.5 LIEN AGREEMENT

1.5.1 The Sale is made with reserve for property upon completion of the payment of the price indicated in the invoice referring to the delivered product.

1.5.2 The issuance of cheques, bills of exchange, drafts or transfers is not considered payment if not resulting in a positive outcome of the above. In case of resolution of the contract ASEM may hold, as penalty for non-fulfillment, the correspondent installment up to 50% of the price. It is the right of ASEM to be refunded for the greatest damage received.

1.5.3 In case of installment payments, failure to pay, even of just one installment, gives ASEM the right to act for the recovery of the entire amount.

1.6 RESPONSIBILITY AND LIMITATIONS

1.6.1 ASEM is not responsible for the direct and indirect damage to people and/or things if the defect of the product that caused the damage did not exist at the time of the transfer of said product.

1.6.2 If ASEM should be held liable of any damage caused by the defect of its own products, ASEM will recognize only physical damage or personal injuries or damage to personal property. All other types of damage are excluded.

1.6.3 With reference to damages caused to personal property, ASEM will recognize a maximum amount equal to the price paid by the Customer for the purchase of the product and/or service.

1.6.4 The limitations to responsibilities as per this article 6 are applicable also to suppliers, subcontractors and customers of ASEM. Such limitations represent the maximum to which ASEM and its suppliers, subcontractors and customers are collectively responsible.

1.6.5 Except law limitations, ASEM is, in no case, responsible for the following:

  1. Claim for refund by the final user. Delivery recourse claims towards ASEM by the purchaser are in any case excluded;
  2. Loss or damage to data;
  3. Loss of profits, earnings, benefits or any anticipated savings;
  4. Damage to image;
  5. Any other damage be it direct, accidental, special or other economic damage.

1.7 REPORTING FLAWS - COMPLAINTS

1.7.1 Any flaw, defect and/or lack of quality of the supplied products must be reported at once. Each report and/or complaint must be expressed, upon risk of forfeiture, directly and only to ASEM in writing, within the stringent terms of 8 days from the date of delivery of the supplied product.The communication must be carried out via registered mail to the ASEM S.p.A. address, via Buia, 4, 33011 Artegna (UD). The parties agree to exclude any other form of communication of product defects

1.7.2 In any case, the reporting and/or complaints, for any reason, will not give the right to the suspension of payments of the supply carried out by ASEM.

1.8 WARRANTY

1.8.1 Unless otherwise agreed, indicated in the order confirmation sent by ASEM to the Customer, the warranty has a validity of 12 months. The warranty period of products is valid from the date of the transport document showing the shipment by ASEM.

1.8.2 ASEM guarantees the good manufacture and the quality of the products object of the supply on the condition that these are correctly used. In any case, any other liability of ASEM for direct or indirect damage arising from the incorrect or improper use of the supplied products is excluded. In particular:

1.8.2.1 ASEM guarantees that the products, at the time of delivery to the purchaser are free from manufacturing.

1.8.2.2 During the warranty period, ASEM supplies a repair service described in the following conditions and, in some cases evaluated at its own unobjectionable decision, to proceed with the substitution of the products.

1.8.3 The warranty does not include the following:

1.8.3.1 Errors or damage arising from improper use of the product (including the use of any capacity or potential, different from that provided by ASEM), accident, modification, inadequate physical environment (both stocking and use) or operative or inappropriate maintenance.

1.8.3.2 Damage or breakage occurring during transportation (where not the responsibility of ASEM) or due to malice, negligence, inexperience or neglect including any damage due to incorrect power supply voltage, power supply voltage changes or incorrect power supply sources.

1.8.3.3 Damage caused by product for which ASEM is not directly liable, that is products provided by or supplied by ASEM upon specific request by the Customer.

1.8.3.4 Consumption materials (such as: batteries and ink cartridges) or parts subject to wear (such as: mouse, print heads, cartridges or magnetic supports).

1.8.3.5 Continuous functioning or free from product errors.

1.8.3.6 Any services of support or technical assistance supplied via telephone.

1.8.4 Warranty is considered void with the removal or the alteration of any identifying label applied on the products or parts of it.

1.8.5 These conditions of warranty are the only guarantees supplied by ASEM on its products. Therefore, any other agreed forms or conditions for warranty are excluded.

2. REPAIRS

2.1 REPAIR CONDITIONS

2.1.1 Asem will execute the repair service only in its head office in Artegna (UD) via Buia, 4.

2.1.2 Repairs are executed during the warranty period as provided by in article 1.8. All repairs executed out of the warranty period will be charged to the Customer.

2.1.3 Repairs charged to the customer will be executed upon receipt of a written order. Therefore, verbal requests or orders will not be accepted. ASEM, upon receipt of the request for repair, will issue an estimate cost for the intervention. The cost for an estimate issuance is €30,00 (+VAT). In case of repair order confirmation by the customer, the costs regarding the estimate issuance will be cancelled. The time validity of the estimate will be indicated in the estimate itself.

2.1.4 In case of failure to confirm the order for repair within one month from the date of the estimate issuance, the unrepaired product will be given back and all transportation expenses will be charged to the customer.

2.1.5 If during the repair other faults should arise with respect to what was previously diagnosed, ASEM has the right to suspend the repair and to proceed only upon receipt of a new written order by the Customer.

2.1.6 The repair activity is in any case subject to the availability of spare parts.

2.1.7 Warranty on the executed repairs has a validity of 6 months from the date of the restitution of the Product to the Customer.

2.1.8 Requests for repairs within the warranty period for damage caused by improper modifications or unauthorized repairs executed on the product by the customer or by third parties will not be considered.

2.1.9 ASEM declines any liability for the files/programs contained in the mass memories present in the product sent for repair by the Customer.

2.1.10 In case the Products to be repaired are not collected within two months from the communication of completed repair or are refused upon receiving, ASEM has the right to dispose of the repaired goods, including the right to destroy the products themselves.

2.1.11 In case of failure to meet the payment for the supply of Products and/or services by the Customer ASEM has the right to hold the goods object of the repair, property of the Customer, at its head office.

2.1.12 Repair will be executed by ASEM only according to the terms described in these conditions. Any other condition will not be accepted.

2.2 OPERATIVE MODES FOR SENDING THE MATERIAL TO REPARATION

2.2.1 Before sending the products to be repaired by ASEM, the Customer must request the return code (RMA) from the ASEM Help Desk service This code can be requested via telephone at the number +39 0432967.250 with the following hours: Monday through Friday from 9.00 to 12.30 and from 14.00 to 17.30. Moreover, the RMA code may be requested via fax (at the number +39 0432967.480) or via e-mail at the address suptec(at)asem.it; The Customer, after supplying the correct Username and Password, may request the RMA code autonomously accessing the Website in the "Help Desk Online" section and filling in the appropriate form. The "Help Desk Online" site in accessible using the "Technical Support" section present on the website www.asem.it. If the Customer should not have the password for accessing the "Help Desk Online" website, he may request it via e-mail at the address suptec@asem.it or call the number +39 0432967.250.

In order to obtain the RMA code the following information must be supplied:

  1. Company name in full including address, telephone number and name of the person to contact.
  2. Serial Number of the product (13 capital alphanumerical characters beginning with "0" (zero) for example "“0AIPT70100001”; in case of shipment of a component the serial number of the product onto which the component was installed must be reported.
  3. Description of defect/failure found.

2.2.2 The product shall be sent only to the head office of ASEM S.p.A. in via Buia, 4 - 33011 - Artegna (UD) – Italy

The product object of the repair, shall be accompanied by a suitable transportation document, reporting the reason: "return for repair" and the RMA code.

2.2.3 Transportation costs for guaranteed product:

The transportation costs for the shipment of the product to be repaired are to be charged to the customer;

The transportation costs for the shipment of the repaired product to customer are to be charged to ASEM;

2.2.4 Transportation costs for products outside the warranty are to be charged in full to the customer.

 3. JURISDICTION AND COMPETENT COURT

3.1.1 The parties agree and accept, as exclusive jurisdiction, the Justice Court of Tolmezzo (UD) for any controversy regarding these conditions.
Moreover, the parties agree that these Conditions and any disputes will be regulated by Italian Law.

4. PRIVACY

4.1.1 ASEM informs the Customer that the personal information that concerns him, supplied by him or acquired by the seller in the execution of its activity, will be treated in compliance with D.lgs. no. 196/03, respecting the rights and fundamental liberties and the dignity of the party concerned, with particular reference to privacy, private identity and the right to protection of such rights.

4.1.2 A As per art. 13 of D.lgs. no. 163/03 ASEM informs the customer that the personal information will be treated only for commercial, management and/or promotional purposes and only on paper and/or computer. Asem also informs that the ordinance of such information is necessary for the correct fulfilment and development of the contract (e.g.: invoicing, fiscal fulfilment, etc.); their incomplete or inexact indication or refusal to indicate such information may affect the validity of the contract. The collected information may also be communicated to Professionals, banks, Insurance companies, public Bodies, always for the purposes linked to the corporate object.

4.1.3 The owner of the treatment of the personal information is ASEM S.p.A. with legal offices in Via Buia, 4 in Artegna (UD). The person held responsible for the treatment is the Chief Executive Officer. The appointed offices that execute operations of treatment of information: Commercial Offices, Administration, Customer Service, Information Systems, Shipments. The treatment linked with the WEB services of the site, take place at the head office in Artegna (UD) and are followed by the personnel of the Offices appointed to the treatment (Information Systems).

4.1.4 The Customer declares to be aware of the recognized rights as per art. 7 and 13 of D.lgs. 196/03 and consents to the treatment of all personal information supplied to ASEM and their possible transmission, for the fulfilment of the aforementioned purposes.

 

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